Marina Khoury

When a relationship breaks down, it can be a very emotional and stressful time. It is usually difficult to make important decisions during such an emotional time, especially when there are children involved who are also getting used to the changes in the family unit.

The most important thing to do is get legal advice early on. Decisions made by a person at the time of separation can have an impact on what happens down the track when people decide it’s time to ‘deal with things.’ That is why it is imperative to get the right advice at the right time to avoid further issues arising in the future.

 

How to get divorced

Applying for Divorce in the Family Law Courts is a straight forward process and an Order for Divorce will usually be made providing you can prove to the Court the following:-

  1. You have a valid marriage. You do this by providing your marriage certificate (or equivalent of).

 

  1. There is an irretrievable breakdown of the relationship. This means that the relationship has broken down and there is no chance that you and your partner getting back together.

 

 

  1. That you and your partner have been separated for 12 months before making the application for Divorce. You can still be separated and be living under the same roof however it is important to provide evidence to the Court that there has been a clear separation under the same roof.

 

Separation periods can sometimes be unclear, especially when the parties have been separated but are still living under the same roof for reasons to do with finances or for the benefit of the children. For the Court to accept a Divorce Application where the parties have been separated under the same roof, the Court will need to be satisfied that it has been communicated between you that you are separated and that you have been living separate lives.

Other things you need to be mindful of is that if you have been you have been married for less than 2 years, you will need to attend Counselling to consider the possibility of reconciling. If there are safety concerns with your partner, you can notify your counsellor of your concerns.

Keep in mind that you only have 12 months after the Divorce Order is made and becomes final, to apply to the Court for a property settlement or spouse maintenance. If you are not in agreement regarding the division of the property of the relationship, you may want to seek legal advice first in relation to property and make your application for Divorce after.

It is also important to know that Divorce is dealt with separately from property and children issues. If there are issues between you in relation to parenting arrangements or property settlement, it is best to seek legal advice early on.

Contact Lindbloms Lawyers to speak to an experienced family lawyer.